KISHAN DUTT VERMA Vs. BABY PARUL

JUDGEMENT

(1.) These two appeals arise out of a common judgement and order dated 1st October, 2002 passed by the learned Additional District Judge in Suit Nos. 183/2001 and 184/2001.

(2.) The Appellant, a practicing advocate in the District Courts, got married to Rajni Bala on 17th February 1991. They are the parents of both the Respondents. Parul (the Respondent in FAO No.117 of 2003) was born on 27th June, 1993 while Geetanshu (the Respondent in FAO No.89 of 2003) was born on 7th March, 1997. Quite clearly, they are minors and both are studying in school.

(3.) According to their mother who filed the suit on their behalf, the Appellant has totally neglected the family with the result that she has to live with her parents (her father is an ex-serviceman from the Air Force), who also help in looking after the children. In these circumstances, the mother was compelled to file a petition in May 1995 under Section 125 of the Code of Criminal Procedure (Cr.P.C.) for her maintenance as well as for the maintenance of Parul. The Appellant chose not to appear in these proceedings. Thereafter, by an order dated 1st August 1997, the learned Magistrate awarded her and Parul maintenance of Rs.500/- per month each, but the Appellant has not paid that amount even on a single occasion.